Document Fragment View

Matching Fragments

10. The learned counsel for the petitioner has submitted that the BPSC cannot introduce cut off and invalidate Ph.D. which otherwise qualifies the test under UGC Regulation (4th Amendment) dated 11.7.2016 requiring fulfilment of five conditions with respect to award of Ph.D. Degree in regular mode for being exempted from the requirement of NET/SLET/ SET for recruitment and appointment as Assistant Professor or equivalent positions in Universities / Colleges/ Institutions. It is stated that the Regulation dated 11.7.2016 creates a homogenous class of Ph.D. holders and all Ph.D. registered before 11.7.2009 would be entitled for exemption from NET/SLET/SET on fulfilment of five conditions, as aforesaid). The Homogeneity Patna High Court CWJC No.7905 of 2019 dt.14-08-2020 conferred by Regulation 2016 cannot be destroyed or taken away by the BPSC by introducing the new cut off to invalidate the Ph.D. as it amounts to violating the mandatory and binding guidelines of UGC. The status of UGC as a statutory body under Central Govt. is supreme in the matter of co-ordination and determination of standard in the institution for higher education. List-1 Entry 66 and List-III, Item No. 25(after 42 nd Amendment, 1976), if jointly read, creates Prime position of UGC.

(c) Judgment dated 22.1.2019, rendered by a Ld. Division Bench of this Court, in LPA No. 697 of 2018 (Dr. Digambar Jha & Others vs. The State of Bihar & Anr.), paragraph nos. 9, 10, 11, 12, 13 and 14 whereof are reproduced herein below:-

"9. The main plank of the argument of the learned counsel is that the Ph.D. awarded to the appellants has been certified to be available as per the certificate of the University given them exemption from NET/SLET for recruitment and appointment of Assistant Professor.
e) Candidate has made at least two presentations in conferences/seminars, based on his/her Ph.D. work.
(a) to (e) as above are to be certified by the Vice-

Chancellor / Pro-Vice-Chancellor/Dean (Academic Affairs) / Dean (University instructions)." This Court thus finds that as per the requirements of the aforesaid proviso to Regulation 3 of the 4th amendment, Regulations 2016, the Vice-Chancellor / Pro-Vice-Chancellor Ranchi University, Ranchi has issued a certificate dated 04.06.2018, certifying that the petitioner herein fulfils various points/conditions, which are the same as mentioned in the afore- said Regulation 3. Hence, this Court holds that since the petitioner herein had got herself registered on 06.03.2009 for the Ph.D course i.e. prior to the enforcement of the UGC Patna High Court CWJC No.7905 of 2019 dt.14-08-2020 Regulation, 2009, she is eligible for exemption from the requirement of NET/SLET/SET for recruitment and appointment as Assistant Professor or on equivalent positions in Universities / Colleges / Institutions, since the Ph.D Degree awarded to the petitioner fulfils the requisite conditions required to be fulfilled as per proviso to Regulation 3 of the UGC (minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and other measures for the maintenance of standards in higher education) (4 th Amendment) Regulations, 2016. Therefore, the stand of the Respondent-Commission that since the petitioner has neither passed the NET exam nor has obtained Ph.D Degree as per the UGC 2009 regulations, she does not have any case for being considered for appointment on the post of Assistant Professor, is not only misconceived but also de hors the prevailing law on the issue under consideration, as discussed at length in the preceding paragraphs and is also bereft of any merit, thus is rejected.